In re Roller

Appellate Division of the Supreme Court of New York

In re Roller

259 A.D.2d 1012, 689 N.Y.S.2d 897, 1999 N.Y. App. Div. LEXIS 3393

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 31, 1999

DocketAppeal No. 1

StatusPublished

This text of 259 A.D.2d 1012 (In re Roller) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Roller, 259 A.D.2d 1012, 689 N.Y.S.2d 897, 1999 N.Y. App. Div. LEXIS 3393 (N.Y. Ct. App. 1999).

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Opinion

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied respondents’ motion to dismiss the petition on the grounds that petitioners lack standing to bring this proceeding for judicial dissolution of W.R.S.B. Development Company, L. L. C. (WRSB) and Quaker Crossing, L. L. C. (Quaker Crossing) and that the petition fails to state a cause of action under Limited Liability Company Law § 702. Petitioners owned membership interests in WRSB and Quaker Crossing on the date when the proceeding was commenced and thus have standing to bring the proceeding. In addition, the petition adequately states a cause of action for judicial dissolution. (Appeal from Order of Supreme Court, Erie County, Notaro, J. — Dismiss Pleading.) Present — Green, J. P., Hayes, Pigott, Jr., Scudder and Callahan, JJ.

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Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied respondents’ motion to dismiss the petition on the grounds that petitioners lack standing to bring this proceeding for judicial dissolution of W.R.S.B. Development Company, L. L. C. (WRSB) and Quaker Crossing, L. L. C. (Quaker Crossing) and that the petition fails to state a cause of action under Limited Liability Company Law § 702. Petitioners owned membership interests in WRSB and Quaker Crossing on the date when the proceeding was commenced and thus have standing to bring the proceeding. In addition, the petition adequately states a cause of action for judicial dissolution. (Appeal from Order of Supreme Court, Erie County, Notaro, J. — Dismiss Pleading.) Present — Green, J. P., Hayes, Pigott, Jr., Scudder and Callahan, JJ.

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Bluebook (online)

259 A.D.2d 1012, 689 N.Y.S.2d 897, 1999 N.Y. App. Div. LEXIS 3393, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-roller-nyappdiv-1999.

Opinion

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